Nearly one year after the Delhi government passed the proposed Delhi Victim Compensation Scheme 2015, the final scheme has been notified, with enhanced compensation for victims of murder, sexual assault, acid attacks and accidents.
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The gazette notification was issued by the Home Department on December 23, 2016. The new scheme has increased the compensation for various offences, including unnatural sex, acid attack and rape (see box). Victims of unnatural sexual offence now also recognises male victims. The addition had been made after writ petitions were filed before the Delhi High Court pointing out that male child victims of sexual abuse were not eligible for compensation under the 2011 scheme. Victims of acid attack will get Rs 3-7 lakh as compensation if there is disfigurement of the face or more than 50% body injury. A new separate provision for compensation to gangrape victims has been added.
The new scheme also stipulates that a victim who has been paid interim compensation under this scheme will have to “refund” the amount paid, if the trial court directs the convicted accused to pay compensation to them at the end of the trial.
Under the provision, the victim will have to “refund” either the money paid by the convicted accused or the Delhi State Legal Services Authority (DSLSA), whichever is lower. DSLSA member secretary Dharmesh Sharma told The Indian Express that the “refund” provision was on the basis of “common law practices”.
DSLSA sources said the Victim Compensation Fund is yet to be created. In 2014, the Delhi government allocated Rs 1 crore to the DSLSA compensation accounts, and it “tops up” the account to
Rs 1 crore after the money is paid out to the victims.